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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
HARSH BUNGER
Avtar Singh – Appellant
Versus
Financial Commissioner, Punjab – Respondent
JUDGMENT :
Harsh Bunger, J. (Oral) :
Petitioner (Avtar Singh) has filed the instant writ petition under Articles 226 and 227 of the Constitution of India, inter alia, seeking a writ in the nature of Mandamus for directing the Financial Commissioner, Punjab (respondent No.1) and the Deputy Commissioner-cum-District Revenue Officer, District Hoshiarpur (respondent No.2) to initiate/conduct appropriate enquiry and take appropriate action as per law against the Assistant Collector, 1st Grade, Tanda, District Hoshiarpur (respondent No.3), who has failed to perform his assigned official duties.
1.1 A further prayer has been made for directing respondent No.3 herein to correct the share of land of the petitioner in the Revenue Records, as per Sale Deed dated 27.11.2003 (Annexure P-1).
2. As per the petitioner, he had purchased land measuring 32 Kanal in Village Miani, Sub Tehsil Tanda, Tehsil Dasuya, District Hoshiarpur, vide Sale Deed dated 27.11.2003 (Annexure P-1), from one Ishar Singh son of Nanak Singh. It is stated that out of the aforesaid 32 Kanal of land, the area measuring 16 Kanal-7 Marla was exclusively owned and possessed by said Ishar Singh and the remaining 15 Kanal-13 Marla of
The court upheld that participation in previous proceedings negates claims of lack of notification due to incorrect address.
The court upheld that consent to partition proceedings precludes claims of violation of natural justice, affirming the legality of the actions taken by revenue authorities.
Judicial review under Article 226 is limited to procedural irregularities; the court does not act as an appellate authority over quasi-judicial decisions unless glaring errors are present.
The purchase of a specified portion of land in an un-partitioned area results in co-ownership, and jurisdiction for partition lies with both Revenue Authorities and Civil Courts depending on land typ....
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